Citations Affected: IC 35-42; noncode.
Synopsis: Interference with medical services. Provides that a person
who knowingly or intentionally physically interrupts, obstructs, or
alters the delivery or administration of prescription drugs ordered or
prescribed for a patient without a prescription or order commits
interference with medical services, a Class A misdemeanor. Makes the
offense a Class D felony if the conduct results in bodily injury to the
patient. Makes the offense: (1) a Class C felony if it is committed by a
person who is a health care provider or licensed health professional; (2)
a Class B felony if it results in serious bodily injury to the patient; and
(3) a Class A felony if it results in the death of the patient. Provides for
certain defenses.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
January 18, 2001, amended, reported favorably _ Do Pass.
January 22, 2001, read second time, ordered engrossed. Engrossed.
January 23, 2001, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-42-2-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 8. (a) The following definitions apply throughout this
section:
(1) "Health care provider" refers to a health care provider (as
defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as described
in IC 16-28-1-11.
(2) "Licensed health professional" has the meaning set forth
in IC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth in
IC 35-48-1-25.
(b) A person who knowingly or intentionally physically
interrupts, obstructs, or alters the delivery or administration of a
prescription drug:
(1) prescribed or ordered by a practitioner for a person who
is a patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A
misdemeanor. However, the offense is a Class D felony if the
offense results in bodily injury to the patient.
(c) However, an offense described in subsection (b) is:
(1) a Class C felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(2) a Class B felony if it results in serious bodily injury to the
patient; and
(3) a Class A felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise
prohibited under this section if the conduct was performed by:
(1) a health care provider or licensed health professional who
acted in good faith within the scope of the person's practice or
employment; or
(2) a person who was rendering emergency care at the scene
of an emergency or accident in a good faith attempt to avoid
or minimize serious bodily injury to the patient.
SECTION 2. [EFFECTIVE JULY 1, 2001] IC 35-42-2-8, as added
by this act, applies only to crimes committed after June 30, 2001.